The rapper, real name Terrence Ferguson, says maker Epic Games included his signature move in Fortnite, where it can be bought for $5, without his permission and without offering compensation, in a copyright infringement lawsuit filed Wednesday in California, per Variety and the CBC.

His lawyer tells Kotaku race is a factor, noting it appears “they believe that they can railroad African-American talent because they doubt that there will be any legal consequence,” though the Kotaku points out non-African-Americans could lob similar accusations.

The CBC notes that while Fornite is free to download, in-game purchases of things like emotes have reeled in more than $1 billion for Epic Games since 2017 in the US alone.

While 2 Milly registered the Milly Rock with the Copyright Office on Dec. 4, a lawyer explains it’s typically the name of a dance move that’s trademarked, rather than the move itself.

The CBC’s take: It was a “smart move” for Epic to tie its brand to the most viral of moves, but it comes at a cost for the originator: “If you weren’t already following rap or internet culture, it would be easy to assume the dance originated in Fortnite.” (Read more copyright infringement stories.)